July 7, 2023
Last week, the Supreme Court of the United States issued a wave of opinions. Included with those cases is an under-the-radar opinion that should put companies on notice. In Mallory v. Norfolk Southern Railway Co., No. 21-1168, the Supreme Court held that a Pennsylvania statute subjecting foreign corporations to general personal jurisdiction because they registered their business in Pennsylvania…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
June 12, 2023
Recently, the Supreme Court issued a ruling in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, which provides significant implications for trademark law and its intersection with the First Amendment. This landmark decision affects clients who have trademark concerns, as it provides guidance on when a trademark claim can be protected by the First Amendment.
The case involved a dog…
May 2, 2023
The U.S. Supreme Court will review two cases concerning public officials who removed comments and restricted users from accessing their social media accounts. Both cases will be heard during the upcoming term starting in October 2023. These cases offer an opportunity to establish a clear criterion for determining when a public official's social media activity constitutes state action, which…
February 3, 2023
Key Take-Away: What is the difference between “a” and “the”? Quite a lot if you are in-house counsel for a company that wants to assert attorney-client privilege for dual-purpose communications made by you as in-house counsel. The Supreme Court of the United States (“SCOTUS”) granted cert in In re Grand Jury and recently heard oral arguments regarding dual-purpose communications, giving hope that…
January 12, 2023
In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…
December 16, 2022
Jackson Kelly Members Michelle Wooton and Brian Jett recently had an article published appearing in ALI CLE’s The Practical Real Estate Lawyer, which you can find on their website, www.ali-cle.org, and it is attached here in a PDF.
The article looks at 13 questions on liquidated damage remedies in real estate purchase contracts under the laws in West Virginia.
October 28, 2022
The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy.
“The…
October 24, 2022
Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs.
Patents require…
September 26, 2022
Sometimes the best intentions have entirely unforeseen consequences. This is the case with changes that were made to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 et seq. (“WVCCPA” or the “Act”). At the time, there were hundreds of individual lawsuits relating to verbal notification of attorney representation wherein plaintiffs filed suit seeking thousands of…
August 29, 2022
There are three types of securities offerings: registered, exempt, and illegal. When raising capital for a start-up business, many entrepreneurs are very surprised to learn that there is no “friends and family” exemption under the securities laws. Often, entrepreneurs speak of raising money from a “friends and family” offering. “Friends and family” only identifies to whom the offering is made. It…
August 17, 2022
Our Tom Hurney, along with two other attorneys (Marta-Ann Schnabel, O’Bryon & Schnabel, PLC, New Orleans, La., and Susan Gunter, Dutton Brock LLP, Toronto, Ontario, authored a white paper, Nonlegal Investment in the Legal Economy, for DRI’s Center for Law and Public Policy.
Here is the link to the full article: https://www.dri.org/docs/default-source/dri-white-papers-and-reports/abs-white-paper-f…
July 7, 2023
Last week, the Supreme Court of the United States issued a wave of opinions. Included with those cases is an under-the-radar opinion that should put companies on notice. In Mallory v. Norfolk Southern Railway Co., No. 21-1168, the Supreme Court held that a Pennsylvania statute subjecting foreign corporations to general personal jurisdiction because they registered their business in Pennsylvania…
June 20, 2023
During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law. HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023.
HB 3270 made two changes. First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…
June 12, 2023
Recently, the Supreme Court issued a ruling in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, which provides significant implications for trademark law and its intersection with the First Amendment. This landmark decision affects clients who have trademark concerns, as it provides guidance on when a trademark claim can be protected by the First Amendment.
The case involved a dog…
May 2, 2023
The U.S. Supreme Court will review two cases concerning public officials who removed comments and restricted users from accessing their social media accounts. Both cases will be heard during the upcoming term starting in October 2023. These cases offer an opportunity to establish a clear criterion for determining when a public official's social media activity constitutes state action, which…
February 3, 2023
Key Take-Away: What is the difference between “a” and “the”? Quite a lot if you are in-house counsel for a company that wants to assert attorney-client privilege for dual-purpose communications made by you as in-house counsel. The Supreme Court of the United States (“SCOTUS”) granted cert in In re Grand Jury and recently heard oral arguments regarding dual-purpose communications, giving hope that…
January 12, 2023
In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…
December 16, 2022
Jackson Kelly Members Michelle Wooton and Brian Jett recently had an article published appearing in ALI CLE’s The Practical Real Estate Lawyer, which you can find on their website, www.ali-cle.org, and it is attached here in a PDF.
The article looks at 13 questions on liquidated damage remedies in real estate purchase contracts under the laws in West Virginia.
October 28, 2022
The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy.
“The…
October 24, 2022
Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs.
Patents require…
September 26, 2022
Sometimes the best intentions have entirely unforeseen consequences. This is the case with changes that were made to the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 et seq. (“WVCCPA” or the “Act”). At the time, there were hundreds of individual lawsuits relating to verbal notification of attorney representation wherein plaintiffs filed suit seeking thousands of…
August 29, 2022
There are three types of securities offerings: registered, exempt, and illegal. When raising capital for a start-up business, many entrepreneurs are very surprised to learn that there is no “friends and family” exemption under the securities laws. Often, entrepreneurs speak of raising money from a “friends and family” offering. “Friends and family” only identifies to whom the offering is made. It…
August 17, 2022
Our Tom Hurney, along with two other attorneys (Marta-Ann Schnabel, O’Bryon & Schnabel, PLC, New Orleans, La., and Susan Gunter, Dutton Brock LLP, Toronto, Ontario, authored a white paper, Nonlegal Investment in the Legal Economy, for DRI’s Center for Law and Public Policy.
Here is the link to the full article: https://www.dri.org/docs/default-source/dri-white-papers-and-reports/abs-white-paper-f…
